News for October, 2012

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October 30, 2012

CASE SUMMARY: Employment Appeals Tribunal

Case No UD331/2010, heard on 18 May 2011 Preliminary issue – Unfair Dismissals Acts 1977 to 2007 – Maternity Protection Acts 1994 to 2004 – constructive dismissal – notice of termination – resignation refused – Form T1A – served during period of protection – whether notice invalid – proceed to full hearing.
 

October 24, 2012

CJEU finds Discrimination Against Fixed-Term Workers

Valenza and Ors v Autorità Garante della Concorrenza e del Mercato, Cases C-302/11 to C-305/11 This was a preliminary reference from an Italian court to the Court of Justice, seeking clarification on whether the European framework agreement on fixed-term work (annexed to Directive 1999/70/EC) precludes Italian legislation on the ‘stabilisation’ of public service employees.

October 24, 2012

CJEU finds Prize Draw an Aggressive Practice

Purely Creative and Others v Office of Fair Trading, Case C-428/11 This was a preliminary reference to European Court of Justice on the interpretation of the Unfair Commercial Practices Directive 2005/29/EC.

October 18, 2012

One Month in a Minute: October 2012

Sarah Laing CTA summarizes recent developments in UK tax.

October 18, 2012

VAT news and cases roundup: October 2012

 Andrew Needham of VAT Specialists Limited comments on the latest developments in VAT

October 18, 2012

Courts and Tribunals: October 2012

Julian Harris summarises selected recent decisions.

October 18, 2012

CASE SUMMARY: Employment Appeals Tribunal

Case No UD 559/2011, heard on 25 July 2012 Unfair Dismissals Acts 1977 to 2007 – Minimum Notice and Terms of Employment Acts 1973 to 2005 – sale of alcohol – out of hours – gross misconduct – dismissal – whether proportionate and reasonable response.
 

October 18, 2012

Can HMRC prove it?

Mark McLaughlin considers the relevance of the European Court of Human Rights case, Jussila v Finland where an appeal against tax penalties is being considered.

October 11, 2012

CJEU: Wine Not to be Sold as ‘Easily Digestible’

Deutsches Weintor eG v Land Rheinland-Pfalz 

October 10, 2012

CASE SUMMARY: Allied Irish Bank v Smith

Judgment delivered by Ryan J on 5 October 2012, [2012] IEHC 381 Summary judgment – bank loan – personal guarantee – non est factum – whether consumer or acting within trade, business or profession.
 

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